Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
The State of Victoria v Sportsbet Pty Ltd [2012] FCAFC 143 Citation: The State of Victoria v Sportsbet Pty Ltd [2012] FCAFC 143
Appeal from: Sportsbet Pty Ltd v The State of Victoria [2011] FCA 961
Parties: THE STATE OF VICTORIA v SPORTSBET PTY LTD (ABN 87 088 326 612), EUREKA HOTEL HOLDINGS PTY LTD (ACN 135 267 597), TABCORP HOLDINGS LIMITED (ABN 66 063 780 709) AND THE VICTORIAN COMMISSION FOR GAMBLING REGULATION TABCORP HOLDINGS LIMITED (ABN 66 063 780 709) v SPORTSBET PTY LTD (ABN 87 088 326 612), EUREKA HOTEL HOLDINGS PTY LTD (ACN 135 267 597), THE STATE OF VICTORIA AND THE VICTORIAN COMMISSION FOR GAMBLING REGULATION
File numbers: VID 1000 of 2011 VID 1002 of 2011
Judges: EMMETT, KENNY AND MIDDLETON JJ
Date of judgment: 12 October 2012
Date of Corrigendum 23 October 2012
Catchwords: Constitutional law — Trade and commerce between the Northern Territory and a State — Northern Territory respondent bookmaker contravened offence provisions of Victorian legislation by installing an electronic device for betting in an hotel in Victoria — Whether respondent engaged in trade and commerce between the Territory and a State — Whether offence provisions imposed a discriminatory burden of a protectionist kind on out-of-state trade and commerce — Whether a licensee holding a statutory monopoly was a proxy for intrastate trade — reasonably necessary and appropriate and adapted — Northern Territory (Self-Government) Act 1978 s 49 — Commonwealth Constitution s 92.
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